Prime Minister and the Supreme Court of Nepal are not satisfied with the draft interim constitution, which is to be promulgated soon. Regarding new interim constitution, a full court meeting of the Supreme Court Justices on Sunday came up with a 13-point recommendation for amendment in the draft.
The meeting concluded some of provisions in the draft interim constitution run counter to the concept of the independence of the judiciary and decided to submit recommendations to the Prime Minister. Earlier, Prime Minister GP Koirala himself has made his dissatisfaction public regarding the power given to the Prime Minister. Only one branch of the government the Parliament is yet to criticize the draft interim constitution. One can easily make out how the interim constitution will be workable when two branches of the government judiciary and executive have reservations. Is this a democracy that two branches of the government are dissatisfied with the constitution?
We know there are many systems of government. But people like democracy as the best among all other available systems. Although it is not out of criticism, critics also say there is not any other better form of government than democracy.
Why do critics like democracy? A democratic government always incorporates flexibility and amendments. It welcomes apposition and comments. Democracy tries to include every one giving equal opportunity. It is operated with the consent of people. The people representatives are periodically elected by the majority vote. The representatives form the government. The three branches of the government are operated within check and balance system. State power is vested on elected leadership but is checked so that she/he cannot become a dictator.
All the three branches of the government legislation, judiciary and executive have their importance in controlling mechanism. They are independent by themselves. Democracy is not a dogma that is made by a few people to grab the state apparatus and rule the country.
It seems the interim constitution has been drafted by the political leaders to hasten the peace process for meeting the stipulated dates and time frame. However, the important document of the country requires an ample of time and energy of many people for valuable inputs. Now at the verge of declaration of the interim constitution valid criticisms are coming.
Thus, I think the political parties need to understand declaration itself is not important but the declaration of nice and workable document based on democratic principles is important at this moment. Let the parties rethink this document and try to correct the dissatisfaction of the institutions as the Prime Minister and the Supreme Court.
